Parents of 26-year -old Khelisyah Ashamu who died days after undergoing cut-price weight loss surgery in Turkey have been awarded £858,000 (approximately N1.5 billion) in compensation.
The mother-of-one, travelled to Izmir in February 2019 for a gastric bypass operation after booking a £3,000 medical tourism package.
The young mum, who was concerned about the appearance of her stomach following a caesarean section, arranged the surgery through Get Slim in Turkey, an agency run by British expatriates. The package covered the procedure, accommodation and related travel arrangements.
Eight days after the operation, Ms Ashamu’s condition worsened dramatically. She suffered a cardiac arrest following exploratory follow-up surgery and died in a Turkish hospital on 9 February 2019.
A coroner later ruled that she died from gastrointestinal ischaemia: a lack of blood flow to the intestines caused by ‘complications’ from the surgery.
Her parents, Toyin and Oyebanji Ashamu, brought a High Court claim against Tracey Ozdemir, who trades as Get Slim in Turkey, seeking damages on behalf of their daughter’s estate. Ms Ozdemir denied liability.
Following a trial, senior judge Mrs Justice Obi ruled against Ms Ozdemir and awarded the family £858,000 in damages.
The court accepted expert evidence that there had been ‘inadequate post-operative monitoring and airway care’ after the second operation. The judge also found that Ms Ozdemir, as the ‘organiser’ of a ‘package travel contract’, was legally responsible for the ‘proper performance’, of both the surgery and the aftercare.
Addressing Ms Ashamu’s parents after delivering judgment, Mrs Justice Obi said: ‘I recognise how difficult these proceedings must have been for you and I offer my sincere condolences for the loss of your daughter.
‘Of course, nothing this court can do can lessen that loss for you and your family, but I hope the conclusion of these proceedings will bring some measure of consolation’.
During the trial, the court heard that Ms Ashamu, an IT worker from Romford, had contacted Get Slim in Turkey about surgery because of concerns over her weight and the appearance of her stomach after childbirth.
After discussions with Ms Ozdemir, she chose a £3,300 package and travelled to Turkey in January 2019 for a Roux-en-Y gastric bypass.
The operation took place on February 1, but Ms Ashamu was left in severe pain and required further surgery on 3 February. She was then moved to intensive care, where the judge said no monitoring was recorded before she suddenly suffered a cardiac arrest and fell into a coma.
Her father flew to Turkey and was initially told she was responding to treatment, but a brain surgeon later confirmed she was brain dead.
‘The deceased’s life support was withdrawn without the claimants’ knowledge and without [her father] being present in the hospital’, her barrister, Dominique Smith, told the court.
‘He arrived at the hospital, after previously returning to his accommodation, on February 9 2019, to be told by hospital staff that the deceased was in a body bag in the morgue’.
Ms Smith argued that Get Slim in Turkey had sold a ‘package travel contract’, in which the surgery was a central component, making the company liable as an organiser under package travel regulations.
‘There is irrefutable evidence that the first defendant offered packages for sale and therefore was an organiser for the purposes of a package travel contract’, she said.
‘That package not only included accommodation in a hotel, but included the surgery itself’.
The judge agreed, noting that Ms Ozdemir had actively marketed packages including surgery, hospital care, airport transfers and accommodation, and had referred to ‘our surgeon’, a description inconsistent with being a mere introducer.
As the damages claim was not contested, the court awarded the full £858,000 sought. A separate claim against Turkish medical staff was not pursued.
